Impartial Jury

F-2018-481

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In OCCA case No. F-2018-481, Derrick Lamont Garrett appealed his conviction for kidnapping and burglary in the first degree. In an unpublished decision, the court decided to affirm Garrett's conviction. One judge dissented. Garrett was tried and found guilty by a jury for kidnapping and burglary. He was sentenced to twenty years in prison for each count, with the sentences running one after the other. Garrett's appeal raised several points of error regarding his trial, such as claims that there wasn't enough evidence to support his convictions, that some evidence was wrongly excluded, and concerns about the jury selection process. The court looked carefully at the arguments and decided that the trial was fair, and the evidence was sufficient to support the jury’s guilty verdicts. They noted that Garrett had requested specific jury instructions that he later challenged, which the court found was not a valid complaint. They also stated that the eyewitness testimony was handled correctly and that the exclusion of some evidence didn’t violate Garrett's rights. Regarding the jury selection, the court stated that Garrett did not prove any discrimination occurred in the way jurors were chosen. Since they found no significant errors in the trial, they affirmed the conviction, meaning Garrett must continue to serve his sentences.

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F-2017-892

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In OCCA case No. F-2017-892, David Lee Seely appealed his conviction for Murder in the First Degree. In an unpublished decision, the court decided to affirm the judgment and sentence. One judge dissented. David Seely was found guilty of murdering Jackie Tyler Wesnidge during a fight that escalated in a car. Seely and Misty Dawn Benefield had left the house they were staying in after an argument between Wesnidge and Benefield. Seely, who had previously expressed strong feelings for Benefield, ended up stabbing Wesnidge seventeen times after a confrontation in the car. After the murder, Seely and Benefield crashed the car and tried to escape on foot. They were eventually found by the police. Seely claimed several errors during his trial, including the trial court's failure to instruct the jury on certain defenses, the exclusion of evidence he wanted to present, the admission of graphic photographs, and issues of prosecutorial misconduct. He also argued that he received ineffective assistance of counsel. The court reviewed Seely's arguments and found that the trial court did not err in failing to instruct the jury on defenses like defense of another or voluntary intoxication, as there was no sufficient evidence to support those claims. It also determined that the evidence excluded by the court was not necessary for understanding the case, and that the photographs admitted were relevant to the crime. Prosecutorial misconduct claims were examined, yet the court concluded these did not significantly harm Seely's right to a fair trial. Finally, it ruled that his counsel performed adequately, and there were no grounds for claiming he received ineffective representation. The court affirmed Seely's conviction, finding all claims of error were without merit.

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F-2017-599

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In OCCA case No. F-2017-599, Christopher Michael Hildebrandt appealed his conviction for First Degree Rape of a Child under 14, Forcible Sodomy, and Abduction of a Person Under 15. In an unpublished decision, the court decided to affirm the convictions but vacated the assessment of prosecution reimbursement costs of $960.00. One judge dissented. The case involved a jury trial where Hildebrandt was found guilty of serious charges against a minor. The jury recommended sentences of 25 years for the first charge, 20 years for the second, and 5 years for the third, all of which were to be served one after the other. Hildebrandt raised several reasons for his appeal. He claimed that evidence from his car was obtained illegally because law enforcement acted outside their jurisdiction. However, the court determined that even if the car was seized unlawfully, the subsequent search conducted with a warrant made the evidence valid. He also argued that the jury selection was unfair because two minority jurors were removed based on race. The court found that the reasons given for their removal were valid and not racially biased. Furthermore, Hildebrandt pointed out that an emotional outburst from the victim's father during the trial could have influenced the jury. The court ruled that there was no need for the judge to inquire about the impact of the outburst because steps were taken to address the situation. He challenged the foundation for evidence presented at trial and whether he received proper notice of the charges. The court found that challenges to evidence would not have changed the outcome of the trial. Hildebrandt also asserted that his defense attorney did not help him adequately during the trial, but the court disagreed, noting that any objection his attorney might have made would have likely been denied. Lastly, he argued that his sentences were too harsh and should have been served concurrently instead of consecutively. The court upheld the sentences as appropriate given the serious nature of the crimes. However, they acknowledged that the assessment for reimbursement costs was incorrectly applied, leading to the decision to remove that specific charge. In conclusion, while the court found some merit in Hildebrandt's claims regarding prosecution reimbursement costs, they ruled that the convictions and the sentences were legally justified.

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F-2016-1094

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In OCCA case No. F-2016-1094, Robert Lawrence Long appealed his conviction for First Degree Felony Murder and Possession of a Firearm After Conviction of a Felony. In an unpublished decision, the court decided to affirm Long's convictions but vacate the court costs imposed on the possession charge. No one dissented.

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S-2016-169

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In OCCA case No. S-2016-169, Patrick Lee Walker appealed his conviction for distributing a controlled dangerous substance (methamphetamine) within 2,000 feet of a school. In an unpublished decision, the court decided to affirm the trial court's ruling that granted Walker's motion to quash and dismissed the case. One judge dissented. The case began when Walker was charged in Kay County District Court with distributing methamphetamine after a controlled purchase was made by a confidential informant. A deputy had coordinated this controlled buy and testified that the informant bought meth from Walker at a location in Kay County. The informant was searched before the transaction to ensure she had no drugs. After meeting Walker, they drove together to Osage County where the exchange happened. There was a lack of evidence presented about the exact location where the drugs were handed over, which was crucial to prove that the crime occurred within the required distance of a school. During the preliminary hearing, the judge decided that while the distribution started in Kay County, there wasn't enough evidence to show that the drugs were handed over in that county or within 2,000 feet from a school. Because of this, the judge dismissed the case when Walker's defense claimed that the evidence was insufficient. The court discussed whether the trial court had made an error in dismissing the case. The main two arguments from the State's appeal were that the district court wrongly decided it didn't have the required evidence for venue and that it unfairly denied the State's request to amend the Information (the official charge). The court explained that the State must show probable cause that a crime happened and clarify where that crime occurred. They noted that although it was shown that a crime likely happened, it was not in the form correctly charged due to not proving all essential elements of the offense, as required under Oklahoma law. While the trial court's decision to dismiss the case was recognized as legally incorrect, it did not lead to a different outcome because the State did not ask to amend the charge during the hearing. Therefore, even though the lower court may have acted without the right understanding of the law regarding amendments, it did not influence the decision because of the procedural issues involved. The court ultimately upheld the dismissal of the charges against Walker, agreeing with the lower court's conclusion that there was insufficient evidence of the crime occurring within the jurisdiction required by law. The ruling was affirmed, and thus the case remained closed without further proceedings.

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F-2012-622

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In OCCA case No. F-2012-622, Dewayne Edward Kemp appealed his conviction for First Degree Felony Murder and First Degree Burglary. In an unpublished decision, the court decided to affirm the conviction for First Degree Felony Murder but vacated the conviction for First Degree Burglary due to double jeopardy. One judge dissented. Kemp and two accomplices attempted to burglarize a home when the homeowner shot one of the accomplices fatally and injured Kemp. During his time in jail, Kemp made incriminating statements on recorded phone calls. Kemp's appeal included several arguments. He claimed that the state wrongly used hypothetical questions during jury selection, which he said made it difficult to have a fair trial. However, the court found these questions helpful for understanding the law and ruled against him. He also argued that he should have been allowed to present a statement made by a co-defendant, claiming that he was the one who planned the burglary. But since Kemp could not show that this statement would prove his innocence, the court upheld the trial court's decision to exclude it. Kemp raised concerns about the prosecutor's choice to strike some jurors, suggesting it was based on gender. The court reviewed the reasons given by the prosecutor for these strikes and concluded that they were valid, thus rejecting Kemp's argument. Kemp pointed out that being convicted of both felony murder and burglary for the same incident was unfair and violated his rights against double jeopardy. The court agreed with this claim and voided the burglary conviction, stating that the two charges were too closely related. In summary, the court maintained Kemp's felony murder conviction but removed the burglary charge as it conflicted with double jeopardy rules.

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F-2009-998

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In OCCA case No. F-2009-998, Frye appealed his conviction for Sexual Abuse of a Child, Procurement of Child for Pornography, and Possession of Child Pornography. In an unpublished decision, the court decided to affirm Frye's convictions and sentences but ordered the removal of a $1,000 fine that was imposed without jury authorization. One judge dissented regarding the trial court's handling of voir dire questioning.

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F-2008-434

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In OCCA case No. F-2008-434, Dusty Ray McGee appealed his conviction for First Degree Murder. In an unpublished decision, the court decided to reverse the conviction and remand the case for a new trial. One judge dissented. Dusty Ray McGee was found guilty of murdering a homeless man named John Seeley after a brutal attack. The attack happened when McGee and others returned to an abandoned apartment complex where Seeley was staying. They confronted him because they were stealing metal from the site. During this attack, McGee, along with his accomplices, kicked and hit Seeley multiple times with different objects. After the assault, they took pictures of the injured Seeley, who was still alive at that time. McGee was arrested a few days later and admitted to being part of the attack but claimed he didn't intend to kill Seeley. He mentioned that he wanted to call an ambulance afterward but was threatened by one of his accomplices. During McGee's trial, there were several issues. The jury asked many questions that showed they were confused about what made a crime first or second-degree murder and how sentencing worked. The judge didn’t handle these questions properly and didn’t bring the jurors back to discuss their worries in front of everyone. This made it hard for the jury to understand everything they needed to know to make a fair decision. The court acknowledged that the improper handling of the jury's questions likely impacted McGee's rights to a fair trial. Because of these errors, the court reversed McGee's conviction and ordered a new trial, suggesting that the previous trial did not follow the required legal procedures properly.

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F-2005-97

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In OCCA case No. F-2005-97, Dodson appealed his conviction for two counts of First Degree Rape. In an unpublished decision, the court decided to reverse the convictions and remand for a new trial. One judge dissented. Wesley Dodson was found guilty by a jury in the district court of a serious crime against two victims. The judge sentenced him to serve a long time in prison, with each count requiring him to stay for fifty years. After Dodson's conviction, he appealed the decision, which means he asked a higher court to review the case to see if there were any mistakes. Dodson raised several important points about why he thought the trial was unfair. First, he believed he did not get a fair jury because one juror was biased and should have been removed. Second, he argued that the court allowed hearsay evidence about children that was not presented correctly and could make the jury think the victims were more credible than they were. Third, he claimed that there wasn’t enough solid evidence to prove he committed the crimes. Lastly, Dodson said that all these errors together made the trial unfair. After looking closely at all the details of the case, the court agreed with Dodson on some key points. They found that there was indeed a biased juror who should have been excused, which took away Dodson's right to have a fair trial. They also agreed that the trial court should have been more careful about the hearsay evidence related to the victims, and that a police officer made comments that suggested the victims were telling the truth when that should have been left for the jury to decide. However, the court thought that there was enough evidence to support the victims' claims, meaning the jury could have reasonably found Dodson guilty based on their testimonies. Since the court found serious issues with how the trial was handled, they decided that Dodson's convictions should be reversed, meaning he would not have to serve the prison sentences handed down from the first trial, and they ordered that a new trial should happen. In summary, the higher court said that Dodson did not receive a fair trial due to certain errors, so they cancelled the previous decision and said there should be another trial.

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F-2005-1176

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In OCCA case No. F-2005-1176, Rollie Mack Francis appealed his conviction for multiple crimes, including eluding a police officer and assault with a dangerous weapon. In an unpublished decision, the court decided to modify one of his sentences but affirmed the other convictions. The court agreed with the state that there was an error in how a fine was considered in one of the counts, changing it to a $500 fine. One judge dissented.

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F-2004-198

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In OCCA case No. F-2004-198, Clonnie A. Layman appealed his conviction for trafficking in illegal drugs (methamphetamine) and driving under the influence of alcohol. In a published decision, the court decided that Layman was entitled to a new trial because the trial court made a mistake by allowing the exclusion of a minority juror without a valid reason. One judge dissented.

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F-2002-1437

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In OCCA case No. F-2002-1437, Alonzo Gabriel Davison appealed his conviction for Lewd Molestation and Sexually Abusing a Minor Child. In an unpublished decision, the court decided to affirm his convictions but modify his sentences. One judge dissented. Davison was found guilty of two serious crimes related to child abuse and was sentenced to a total of 125 years in prison. However, the court agreed that some mistakes were made during the trial that affected how the case was handled. The main issues in the appeal included the fairness of the jury selection process, the admission of a videotape of a child’s testimony, and how the judge handled questions from the jury about sentencing. Davison argued that two jurors should not have been allowed to serve because they were biased and had strong feelings about child abuse, which could have impacted their decision. The court discussed how judges have discretion in deciding if a juror can be fair, but in this case, they felt that there were too many doubts about the impartiality of those jurors. Even though Davison's team challenged these jurors, they still ended up on the jury. However, because the defense did not follow all proper procedures to ensure their objections were raised correctly, the court ruled that Davison could not claim this issue harmed him in the end. Next, Davison argued that a videotape showing an interview with one of the child victims should not have been used in court. The court eventually agreed this was a mistake, but they decided it was a harmless error regarding his guilt—that is, it did not affect the jury's decision about whether he was guilty. However, the impact of such evidence on sentencing was considered more serious, leading the court to reduce each of his sentences to 45 years, which would run at the same time instead of one after the other. Regarding the jury's questions about parole and sentencing rules, the court concluded the trial judge was correct not to answer these questions, indicating that it was within the judge's discretion. Overall, while the court found some mistakes were made in how the trial was conducted, they decided that Davison's convictions were still valid, but he would serve a lighter sentence.

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F-2002-1546

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In OCCA case No. F-2002-1546, David Jewel Newton appealed his conviction for First Degree Rape, After Former Conviction of Two or More Felonies. In an unpublished decision, the court decided to reverse the judgment and sentence and remand the case for a new trial. One judge dissented. David Jewel Newton was found guilty by a jury in Tulsa County and was given a very long sentence of 458 years in prison. He said he did not get a fair trial because there were some biased jurors. Mr. Newton’s lawyer did not properly challenge a juror who was a police officer and should not have served on the jury. The court agreed that this was a mistake and that Mr. Newton's lawyer did not do his job well in defending him. Since the jury should have been fair, the court decided that Mr. Newton deserves a new trial where he can be tried by a new set of jurors who are fair and not biased. The dissenting opinion said that the jurors who were chosen in the trial were impartial and that there was no reason to order a new trial because the rules about jurors were being misunderstood.

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